The Federal Motor Carrier Safety Administration (FMCSA) published a proposed rule (notice of proposed rulemaking) in the Federal Register on August 10, 2026, titled "English Language Proficiency; Out of Service Criteria." Comments were due on or before October 9, 2026. As of November 7, 2026, our search of the Federal Register found no final rule on it, so the proposed text below is not in effect.
The rule that already exists
The English language proficiency (ELP) requirement is not new. Under current 49 CFR 391.11(b)(2), except as provided in subpart G of Part 391, one of the qualifications to drive is that the person "Can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records." The proposal does not change that wording.
What FMCSA proposes
FMCSA's summary states: "FMCSA proposes to codify the English language proficiency (ELP) driver qualification requirement as an out-of-service (OOS) violation." It says the change would align the federal rules "with the current enforcement tolerances in the North American Standard Out-of-Service Criteria issued by the Commercial Vehicle Safety Alliance (CVSA)" and that the rulemaking "responds to a petition from CVSA."
The proposed regulatory text would:
- Add a new 49 CFR 391.11(c)(1): "Except as provided in paragraph (c)(2) of this section, any person who is found to be in violation of the provisions of paragraph (b)(2) of this section while operating a commercial motor vehicle in interstate commerce shall be placed out-of-service immediately."
- Add a new 49 CFR 391.11(c)(2): a driver found in violation "while operating a commercial motor vehicle in interstate commerce in a commercial zone, designated in part 372, subpart B of this subchapter, along the U.S.-Mexico international border will not be placed out-of-service for that violation, unless there is evidence that the person has operated or intends to operate a commercial motor vehicle in the United States beyond the boundaries of the commercial zones."
- Revise the definition of "out-of-service order" in 49 CFR 390.5T (and in the suspended 390.5) to add 391.11(b)(2) to the list of cited sections.
FMCSA notes that drivers who are not placed out of service under the border-zone exception "would still be cited for violating the ELP requirements in section 391.11(b)(2)," and could still be placed out of service for a different violation that warrants it.
FMCSA describes the proposal as codifying current enforcement tolerances in CVSA's Out-of-Service Criteria. The preamble states the rulemaking "would merely codify enforcement tolerances consistent with an April 19, 2026 revision to the North American Standard Out-of-Service Criteria," and that it "does not create new requirements or obligations for regulated entities." It also says that because States must adopt rules compatible with the federal regulations to receive Motor Carrier Safety Assistance Program grants, codifying the out-of-service condition would require States to adopt a compatible requirement.
What this means for exam study
The proposal does not mention CDL knowledge or skills tests. The qualification standard drivers are expected to know, 391.11(b)(2), stays word for word the same. What the proposal addresses is the enforcement consequence (an out-of-service order) when a driver does not meet it. If FMCSA publishes a final rule, we will cover it as a new post. Our driver qualifications study guide covers Part 391, including 391.11.